One of our clients lost his passport and O-1 visa a few months ago. The O-1 visa is reserved for aliens with an extraordinary ability in sciences, arts, business, athletics, education, motion picture and television. He originally obtained the O-1 based on his musical abilities and his work with well-known rock bands in Orange County. When he lost his passport and visa, he became unable to enter the US. We had him file a police report and apply for a new passport. Once he had the passport, we schedule him for a consular interview in Sydney, Australia. He provided all the evidence we originally filed for the O-1 along with an updated itinerary and proof that he was still touring with his band in the US. Everything went smoothly with the consular processing and he was issued the visa. He should be landing in the US within the next couple days.

If you are considering the O-1 visa process, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you and help you better understand the standard of proof for the O-1 visa and whether your case is viable and worth pursuing.

The O-1 Visa, often called the superstar visa, is for foreign-born persons of extraordinary ability. Individuals with an extraordinary ability in sciences, arts, business, athletics, education, motion picture and television are eligible for an O-1 visa; however, the standard for proving extraordinary ability depends on which subcategory the alien qualifies.

Three different standards exist for proving extraordinary ability: 1) Science, educational, business or athletics; 2) Arts; and 3) Motion pictures and television. If the alien claims extraordinary ability in science, education, business or athletics, the alien must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise and is coming to the United States to continue work in the area of extraordinary ability. Under this category, “extraordinary” is defined as a level of expertise indicating that person is one of the small percentage who have risen to the very top of the field of endeavor. Scientists, researchers, professors and physicians can qualify under this category of O-1. Additionally, CEOs, CFOs, executives, entrepreneurs, investment bankers and athletes can qualify.

To qualify, the aline must show that she has received a major, internationally recognized award (such as a Nobel Prize), or she can satisfy the evidentiary requirements by meeting three of the following lesser criteria:

membership in an association requiring outstanding achievement published materials written by others about the alien lesser national or international prizes or award participation as a judge of the work of others authorship of books or articles high compensation or salary original contributions of major significance employed in a critical or essential role for a distinguished organization

If the alien claims extraordinary ability in the Arts, the alien must still prove sustained national or international acclaim and recognition for achievements in the field of expertise and is coming to the US to continue work in the area of extraordinary ability. However, the definition of extraordinary is different. The alien must prove distinction – a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to extent that a person described as prominent is renowned, leading or well-known in the field of arts. The O-1 visa for Artists can work for visual effects artists, animators, architects, graphic designers, fashion designers, stylists, make-up artists, musicians, photographers, chefs, dancers, sound engineers, choreographers, music producers, and writers among others.

To qualify as an Artist O-1, the alien must prove that she has either been nominated or received a significant national or international award or prize such as a Grammy, or meet three out of the following criteria:

press/media coverage significant recognition for achievements from organizations or experts high compensation in relation to others in the field prior starring roles in major productions critical or commercial success

If the alien claims to have extraordinary ability in motion pictures and/or television, the alien must demonstrate a record of extraordinary achievement in motion picture and/or television productions and who is coming to the United States to continue work in the are of extraordinary achievement. Extraordinary is defined as a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable or leading in the motion picture or television field. This O-1 visa is primarily for actors, producers, directors, cinematographers, editors, writers, production designers, costume designers and set designers among others. In order to meet the evidentiary standard, the alien should prove that she has been nominated for or received a significant national or international award such as an Academy Award, Emmy or Golden Globe, or meets three of the following criteria:

press/media coverage significant recognition from organizations or experts lead or starring role for distinguished production lead, starring or critical role for distinguished organization high compensation in relation to others in the field major critical or commercial success

At first glance, the O-1 would appear too difficult to qualify for unless the alien is well-known throughout the world. However, that is not always the case. The Nunez Firm has successfully represented up-and-coming artists in many fields of endeavor from music to ballroom dancing. If you are curious about the O-1 process and whether you may qualify, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the standard of proof and how it applies to you.